Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 29) sur le travail forcé, 1930 - Jordanie (Ratification: 1966)

Autre commentaire sur C029

Observation

Demande directe

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Articles 1(1) and 2(1) of the Convention. 1. Vulnerable situation of domestic workers. The Committee previously requested the Government to continue providing information on the measures taken, under Regulation No. 90/2009 on Domestic Workers, both in law and in practice, to ensure the protection of migrant domestic workers against practices which amount to forced labour. The Committee also noted that Regulation No. 12 of 2015, regulating private employment agencies, had been enacted, and it contains provisions regulating the work of female migrant domestic workers. According to the Government, the labour inspectors at the Directorate of Workers’ Affairs and Inspection, are in charge of inspecting the offices of recruitment agencies, can suspend the work of the agency, annul the work permit, and initiate legal proceedings against the agency in violation. In case of incoming complaints, or information relating to a violation of workers’ rights, or to an employer’s (homeowner) commitments, the Ministry of Labour may recall each party to amicably resolve the dispute. Both a male and a female labour inspector can undertake the inspection of the accommodation of the worker if the complaint relates to a worker’s accommodation. In case of any violation, the employer shall be given a warning so as to remedy the violation within one week as of the day of its notification. Moreover, a Domestic Workers’ Affairs Committee had been set up in order to resolve any issue related to the employment and recruitment of foreign domestic workers. In case of conflict, it could invite the employer, the domestic worker, as well as the recruitment agency in order to reach appropriate solutions.

The Committee notes the Government’s indication in its report that the migrant domestic workers sector accounts for 51,200 domestic workers. In view of the importance of this sector, a number of regulations have been adopted in this regard. For instance, a few amendments were introduced to Regulation No. 90/2009 on Domestic Workers, including the 2013 amendments that have limited the working hours to eight hours per day. The Government also indicates that any violation of domestic workers’ rights, including cases of forced labour are verified as soon as the domestic worker herself or a representative from the embassy notifies the Ministry of Labour or the Directorate of Domestic Workers. The latter is competent to deal with cases of complaints, including cases relating to passport retention, delay in payment of wages or failure to renew the work permit. In addition, the Government states that a Committee for non-Jordanian Domestic Workers’ Affairs was established pursuant to Regulation No. 90 of 2009 on domestic workers. Membership of this Committee includes representatives of the Ministry of the Interior, the Directorate of Residence and Borders and the Ministry of Labour, and it may invite any other authority that it deems necessary, such as the Ministry of Health, the association of recruitment agencies or embassies concerned, in light of the complaint filed by the domestic worker, employer or agency. According to the Government, 60 complaints were filed in 2016 and the majority of problems were resolved through the Committee for non-Jordanian Domestic Workers’ Affairs.

The Committee observes that the Government refers to a series of measures to protect migrant domestic workers, including: (i) the appointment of a Ministry of Labour delegate on employment in every embassy to resolve the problems faced by domestic workers in the embassy as swiftly as possible; and (ii) the exemption from the payment of fines for a certain number of migrants for overstaying the residence permits because their work permits have not been renewed, in order to facilitate their return to their home country. In addition, the Committee notes that under section 15(D) of Regulation No. 12 of 2015, regulating private employment agencies, if, within 60 days of entering Jordan, a domestic worker refuses to work for their first employer but would like to remain in Jordan to work, they may transfer their contract to a new employer without the consent of the first employer. The new employer would pay the employment agency the recruitment cost for the transferred worker. Moreover, section 16 of Regulation No. 12 provides for the creation of a safe house for migrant domestic workers who have refused or left work.

The Committee further notes the statistical information provided by the Government. It notes that, the Directorate of Domestic Workers withdrew 19 permits from agencies recruiting non-Jordanian domestic workers, closed nine agencies and suspended the work of seven others on account of numerous legal violations. One agency where it was proven that a worker had been physically assaulted was closed immediately. The Committee also observes that the number of complaints received by the Directorate of Domestic Workers amounted to 971 cases with 814 settled cases. The Committee requests the Government to continue to take measures to ensure that migrant domestic workers are fully protected from abusive practices and conditions of employment that could amount to forced labour. The Committee also requests the Government to continue to provide information on the number of complaints filed by migrant domestic workers and the outcome of such complaints. Finally, the Committee requests the Government to indicate the conditions and procedure for changing an employer for migrant domestic workers, including statistical information on the number of transfers that have occurred recently.

2. Trafficking in persons. In its previous comments, the Committee noted that under the Anti-Trafficking Act No. 9 of 2009, an Anti-Human Trafficking Unit (AHTU) was established to develop a national policy to prevent trafficking in persons. In this regard, labour inspectors were appointed, in addition to 20 liaison officers for the AHTU, at different labour directorates.

The Committee notes the Government’s indication that the AHTU was established in January 2013 within the Criminal Investigation Department. It aims to monitor and track trafficking in persons’ cases, apprehend and investigate perpetrators and refer them to the courts. The AHTU includes three services, namely: the labour inspection service; the studies and statistical service; and the investigation service. According to the Government, the AHTU is also involved in awareness raising campaigns about trafficking in persons, as well as in organizing training sessions for government personnel working in this area. The Committee notes the statistical information provided by the Government for 2017. It notes that 228 victims of trafficking benefited from the services of the “Karamah” shelter for victims of trafficking. The Committee further notes the Government’s indication that a draft bill amending the Anti-Trafficking Act was prepared and sent to the Legislation Bureau to carry out the constitutional procedures for its enactment. Most notably, the draft Anti-Human Trafficking Bill aims at: (i) expanding the scope of protection for victims and persons affected by trafficking offences, including by granting them residence and providing adequate means for them to obtain just compensation in reparation for damages sustained and suspension of legal action against them in respect of lesser offences; (ii) providing witness protection for witnesses to trafficking offences; and (iii) establishing an assistance fund for victims of trafficking in persons. Moreover, the Government states that a new national strategy to combat trafficking in persons as well as the standard procedures for the national referral mechanism have been developed and are in the final stages of adoption. According to the Government, during 2017, the AHTU processed 317 cases. Of these, the Public Prosecution Service identified 23 human trafficking cases involving 48 victims, 11 male and 37 female, distributed between ten cases of sexual exploitation; 11 forced labour cases involving domestic workers and one forced labour case involving other workers; and 294 labour cases involving 354 victims, 59 male and 295 female.

The Committee welcomes the various measures adopted by the Government to strengthen the action to combat trafficking in persons for both sexual and labour exploitation. The Committee requests the Government to continue to provide information on the activities of the AHTU, with respect to the identification and protection of trafficking victims. It also requests the Government to provide information on the progress made in the adoption of the new Anti-Trafficking Act as well as the new national strategy to combat trafficking in person, indicating the areas of priority actions, as well as the expected outcomes. Finally, the Committee requests the Government to continue to provide information on the number of investigations and prosecutions initiated in cases of trafficking for both sexual and labour exploitation.